Section 250-RICR-140-05-1.12 - Procedures for Approval or Denial of VariancesA. Application for Variance: The application for a license, license renewal, registration, registration renewal or other approval under these Rules and Regulations may include or be amended to include a request for a variance from the provisions of this Subchapter. Such request for a variance shall be in writing and signed by the owner and operator of the facility, and a registered professional engineer. B. Review by Department: The Director, through the Office of Land Revitalization and Sustainable Materials Management, shall evaluate each request for a variance. Such variance may be granted provided that the Director finds that such variance will not be contrary to the purposes and policy expressed in § 1.1 of this Part and that alternative methods proposed by the operator fulfill the purposes of the Rule from which a variance is requested. The Director may require a public hearing prior to approving any variance where a substantial question exists as to the environmental or public health impacts of such variance. Denial of such variance may be appealed in accordance with the procedures delineated below.250 R.I. Code R. 250-RICR-140-05-1.12
Amended effective4/22/2020
Amended effective 12/31/2020
Amended effective 4/29/2021